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The Judge Role Transformation In The Evolution Of Court Mediation In Our Country

Posted on:2014-01-25Degree:MasterType:Thesis
Country:ChinaCandidate:M GuoFull Text:PDF
GTID:2246330398962859Subject:Law
Abstract/Summary:PDF Full Text Request
The people’s court mediation, as one of the most typical Chinese institution incivil proceedings, which is recognized as “Oriental Experience” rooted in Chinesetraditional legal culture, plays a very important role in resolving the disputes. The judge, asthe operator of the institution, plays a key role.The purpose of the article is to research the changes of the judge role in the evolutionof country court mediation. The article is divided into four parts.The first part introducesthe three stages of the court mediation institution evolution in China, and detailed narratesthe judicial and social background of different stages. The second part is to analysis theroles of the judge in the court mediation with historical evolution, and phrase the characterand function of the judge in different stages. The third part examines the drawbacks of therole that the judge currently plays in the court mediation institution, such as, not only amediator, but also a judgment; the conflicts of multiple roles in a judge; the obstacles ofjudge career thinking, and so on. The fourth part mainly from the perspective of thedevelopment, puts forward the suggestions to the changes of judge role playing in the courtmediation.
Keywords/Search Tags:Judicial reconciliation, Institutional change, Judge’s role, transform
PDF Full Text Request
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